On February 11, 2019 a
Court Notice
was filed
involving a dispute between
Evans, Edward E,
and
Dsh Police Chief Jack Carter,
Fujii, Moto,
Fuji, Moto,
Officer Guajardo,
Price, Brandon,
Sgt. Gardenhire,
for 35 Limited - Other Non-PI/PD/WD Tort Under $10,000
in the District Court of Fresno County.
Preview
1 XAVIER BECERRA Fee Exempt Per Gov. Code § 6103
Attorney General of California
2 DARRELL W. SPENCE
Supervising Deputy Attorney General
3 LISA A. TILLMAN
Deputy Attorney General
4 State Bar No. 126424
1300 I Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916) 210-7910
Fax: (916) 324-5567 RECEIVED
7 E-mail: Lisa.Tillman@doj.ca.gov 2/11/2021 1:54 PM
Attorneys for Defendants FRESNO COUNTY SUPERIOR COURT
8 By: S. Mancinas, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF FRESNO
10
11
12
13 EDWARD E. EVANS, 19CECL01586
14 Plaintiff, [PROPOSED] ORDER ON
DEFENDANTS’ DEMURRER TO
15 v. SECOND AMENDED COMPLAINT
16 Date: April 28, 2021
BRANDON PRICE, ET AL., Time: 8:30 a.m.
17 Dept: 404
Defendants. Judge: Hon. Mark Cullers
18 Trial Date: Not Assigned
19
20 Upon review of the submitted pleadings and any oral argument, this Court hereby sustains
21 defendants’ demurrer to the second amended complaint, without leave to amend, for failure to
22 state a viable cause of action.
23 IT IS SO ORDERED.
24 Dated:
The Honorable Mark Cullers
25
26
27
28
1
[Proposed] Order on Defendants’ Demurrer to Second Am. Complaint (19CECL01586)
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Edward E. Evans v. Brandon Price
No.: 19CECL01586
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party" to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system.at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On February 11, 2021, I served the attached [PROPOSED] ORDER ON DEFENDANTS'
DEMURRER TO SECOND AMENDED COMPLAINT by placing a true copy thereof
enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney
General atl300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed
as follows:
Edward E. Evans
Coalinga State Hospital
P.O. Box 5003
Coalinga, CA 93210
Plaintiff In Pro Per
I declare under penalty of perjury under the laws of the State of California and the United States
of America the forego1ng is true and correct and that this declaration was executed on February
11, 2021, at Sacramento, California.
Christopher R. Irby
Declarant
SA201 9 103899
34818429 .docx .
Document Filed Date
February 11, 2021
Case Filing Date
February 11, 2019
Category
35 Limited - Other Non-PI/PD/WD Tort Under $10,000
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1 XAVIER BECERRA Fee Exempt Per Gov. Code § 6103 Attorney General of California 2 DARRELL W. SPENCE Supervising Deputy Attorney General 3 LISA A. TILLMAN Deputy Attorney General 4 State Bar No. 126424 1300 I Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916) 210-7910 Fax: (916) 324-5567 RECEIVED 7 E-mail: Lisa.Tillman@doj.ca.gov 2/11/2021 1:54 PM Attorneys for Defendants FRESNO COUNTY SUPERIOR COURT 8 By: S. Mancinas, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF FRESNO 10 11 12 13 EDWARD E. EVANS, 19CECL01586 14 Plaintiff, [PROPOSED] ORDER ON DEFENDANTS’ DEMURRER TO 15 v. SECOND AMENDED COMPLAINT 16 Date: April 28, 2021 BRANDON PRICE, ET AL., Time: 8:30 a.m. 17 Dept: 404 Defendants. Judge: Hon. Mark Cullers 18 Trial Date: Not Assigned 19 20 Upon review of the submitted pleadings and any oral argument, this Court hereby sustains 21 defendants’ demurrer to the second amended complaint, without leave to amend, for failure to 22 state a viable cause of action. 23 IT IS SO ORDERED. 24 Dated: The Honorable Mark Cullers 25 26 27 28 1 [Proposed] Order on Defendants’ Demurrer to Second Am. Complaint (19CECL01586) DECLARATION OF SERVICE BY U.S. MAIL Case Name: Edward E. Evans v. Brandon Price No.: 19CECL01586 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party" to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system.at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On February 11, 2021, I served the attached [PROPOSED] ORDER ON DEFENDANTS' DEMURRER TO SECOND AMENDED COMPLAINT by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General atl300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Edward E. Evans Coalinga State Hospital P.O. Box 5003 Coalinga, CA 93210 Plaintiff In Pro Per I declare under penalty of perjury under the laws of the State of California and the United States of America the forego1ng is true and correct and that this declaration was executed on February 11, 2021, at Sacramento, California. Christopher R. Irby Declarant SA201 9 103899 34818429 .docx .